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Daniel B Kelly

Selected Works

2011

Property-Personal and Real

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Full-Text Articles in Law

Strategic Spillovers, Daniel B. Kelly Mar 2011

Strategic Spillovers, Daniel B. Kelly

Daniel B Kelly

The traditional problem with externalities is well known: self-interested individuals and profit-maximizing firms often generate harm as an unintended byproduct of their use of property. I examine situations in which individuals and firms purposely seek to generate harm, in order to extract payments in exchange for desisting. Situations involving such “strategic spillovers” have received relatively little systematic attention, but the underlying problem is a perennial one. From the “livery stable scam” in Chicago during the nineteenth century to “pollution entrepreneurs” in China in the twenty-first century, various parties have an incentive to engage in externality-generating activities they otherwise would not …